ML060870232
| ML060870232 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 03/28/2006 |
| From: | Hawkens E Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 50-0219-LR, ASLBP 06-844-01-LR, RAS 11424 | |
| Download: ML060870232 (5) | |
Text
UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONRAS 11424 DOCKETED 03/28/06ATOMIC SAFETY AND LICENSING BOARD SERVED 03/28/06Before Administrative Judges:E. Roy Hawkens, ChairmanDr. Paul B. AbramsonDr. Anthony J. BarattaIn the Matter ofAMERGEN ENERGY COMPANY, LLC (License Renewal for Oyster Creek NuclearGenerating Station) Docket No. 50-0219-LRASLBP No. 06-844-01-LR March 28, 2006NOTICE OF HEARING(Application for 20-year License Renewal)This proceeding concerns the application by AmerGen Energy Company, LLC("AmerGen") to renew its operating license for the Oyster Creek Nuclear Generating Station("Oyster Creek") for twenty years beyond the current expiration date of April 9, 2009. In response to the September 15, 2005, Notice of Opportunity for Hearing (70 Fed. Reg. 54,585(Sept. 15, 2005)), two Requests for Hearing and Petitions to Intervene were filed on November 14, 2005. One Petition was filed by the New Jersey Department of Environmental Protection
[hereinafter referred to as New Jersey], and the other Petition was filed by the Nuclear Informa-tion and Resource Service ("NIRS"), Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and New Jersey Environmental Federation [hereinafter referred to collectively as NIRS].
On December 9, 2005, this Atomic Safety and Licensing Board was established by the Commission to preside over the proceeding. On February 27, 2006, this Board issued a Memorandum and Order in which we (LBP-06-07, 63 NRC , (slip op. at 2) (Feb. 27, 2006)): (1) denied New Jersey's Request for 1Although New Jersey established standing, the Board concluded that it failed toproffer an admissible contention.
2On February 7, 2006, NIRS filed a Motion for Leave to Add Contentions orSupplement the Basis of the Current Contention, which AmerGen and the NRC Staff opposed. On March 22, 2006, this Board issued a Memorandum and Order denying NIRS's Motion (LBP-06-11, 63 NRC (slip op.) (Mar. 22, 2006)).
3The parties to this proceeding are advised that they will be contacted in the nearfuture by the Board's law clerk for purposes of setting up a scheduling conference (10 C.F.R. § 2.332; 10 C.F.R. Pt. 2, App. B (II), Model Milestones for Hearings Conducted Under 10 C.F.R. Part 2, Subpart L). Hearing and Petition to Intervene; 1 and (2) granted NIRS's Request for Hearing and Petition toIntervene. We concluded that NIRS's contention was admissible to the extent it challengedAmerGen's aging management program for measuring corrosion in the sand bed region of the drywell liner (id. at 33); however, it was not admissible with respect to the areas above or belowthe sand bed region (id. at 32-33 & nn.27, 28).
2In light of the foregoing, please take notice that a hearing will be conducted in thisproceeding. The hearing will be governed by the informal hearing procedures set forth in 10C.F.R. Part 2, Subpart L (10 C.F.R. §§ 2.1200-.1213). During the course of the proceeding, the Board may conduct an oral argument (id. § 2.331), may hold pre-hearing conferences (id.
§2.329), and may conduct evidentiary hearings (id. § 2.1207).
3 The public is invited to attendany oral argument, pre-hearing conference, or evidentiary hearing unless otherwise ordered by the Commission (id. §§ 2.327-.328). Notices of these sessions will be published in the FederalRegister and/or made available to the public at the NRC Public Document Room, located atOne White Flint, 11555 Rockville Pike (first floor), Rockville, Maryland, and through the NRCwebsite, http://www.nrc.gov. Additionally, as provided in 10 C.F.R. § 2.315(a), any person not a party to the proceed-ing may submit a written limited appearance statement setting forth his or her position on the issues in this proceeding. These statements do not constitute evidence, but may assist the 4Copies of this Notice of Hearing were sent this date by Internet e-mail to counselfor: (1) AmerGen; (2) New Jersey; (3) NIRS; and (4) the NRC Staff.Board and/or parties in defining the issues being considered. Persons wishing to submit awritten limited appearance statement should send it by mail to the Office of the Secretary, U.S.Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemakings andAdjudications Staff. A copy of the statement should also be served on the Chairman of this Atomic Safety and Licensing Board by mail to the Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. At a later date, theBoard may entertain oral limited appearance statements at a location or locations in the vicinity of the Oyster Creek facility. Notice of any oral limited appearance sessions will be published inthe Federal Register and/or made available to the public at the NRC Public Document Room and on the NRC website, http://www.nrc.gov. Documents relating to this proceeding are available for public inspection at the NRC'sPublic Document Room or electronically from the publicly available records component of NRC's document system (ADAMS). ADAMS is accessible from the NRC web site at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS orwho encounter problems in accessing the documents located in ADAMS may contact the NRC Public Document Room reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr@nrc.gov.It is so ORDERED.FOR THE ATOMIC SAFETY AND LICENSING BOARD 4/RA/
_______________________
_E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGERockville, MarylandMarch 28, 2006 UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONIn the Matter of )
)AMERGEN ENERGY COMPANY, LLC )Docket No. 50-219-LR
)
)(Oyster Creek Nuclear Generating Station) )CERTIFICATE OF SERVICEI hereby certify that copies of the foregoing LB NOTICE OF HEARING (APPLICATION FOR 20-YEAR LICENSE RENEWAL) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeE. Roy Hawkens, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgePaul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeAnthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Ann P. Hodgdon, Esq.Daniel Hugo Fruchter, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Richard Webster, Esq.Rutgers Environmental Law Clinic 123 Washington Street Newark, NJ 07102-5695 2Docket No. 50-219-LRLB NOTICE OF HEARING (APPLICATION FOR 20-YEAR LICENSE RENEWAL)
Paul Gunter, DirectorReactor Watchdog Project Nuclear Information and Resource Service
1424 16 th Street, NW, Suite 404Washington, DC 20036Donald J. Silverman, Esq.Kathryn M. Sutton, Esq.
Alex S. Polonsky, Esq.
Morgan, Lewis, & Bockius LLP
1111 Pennsyvlania Ave., NWWashington, DC 20004Bradley M. Campbell, CommissionerNew Jersey Department of Environmental Protection
P.O. Box 402 Trenton, NJ 08625-0402Jill Lipoti, DirectorNew Jersey Department of Environmental Protection Division of Environmental Safety and Health
P.O. Box 424 Trenton, NJ 08625-0424Ron ZakNew Jersey Department of Environmental Protection Nuclear Engineering
P.O. Box 415 Trenton, NJ 08625-0415J. Bradley Fewell, Esq.Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348Suzanne LetaNJPIRG 11 N. Willow St.
Trenton, NJ 08608John A. Covino, Esq. Deputy Attorney General Environmental Permitting &
Counseling Section Division of Law Hughes Justice Complex
P.O. Box 093 Trenton, NJ 08625[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the CommissionDated at Rockville, Marylandthis 28 th day of March 2006